Fazzio v. Mason

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “the defendant’s subjective ability to comply with the award of specific performance is a relevant equitable factor to be considered”
• noting that the individuals were receiving “nothing more than they would have received had [the other party] fulfilled his obligations under the settlement agreements”
• recognizing the presumption that damages are inadequate when land is involved due to the uniqueness of land
• explaining that the party’s alteration of the property supported specific performance
• “[A] party is entitled to the equitable remedy of specific performance when [contract] damages, the legal remedy, are inadequate . . . .” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).